While there is no such thing as a risk-free environment, property owners, retail stores and residential housing managers are fully expected to anticipate any possible dangers associated with their property. When a property is located in a high-crime area or if any possible security hazards are present, land or property owners could be held legally liable for any injuries that occur. Property owners have a responsibility to avoid foreseeable dangers in security that could threaten or harm others. This duty is breached when property owners fail to provide reasonable measures of security to prevent crimes from happening to guests on the property, including battery, murder, sexual assault, robbery and any other type of violent crime.

When a crime occurs in a poorly lit parking lot or in an unlocked entry way, this puts an owner on notice that criminal activity could happen at any time on the property and harm residents and visitors of the property.

If you have suffered injuries from a criminal attack on another person’s property, you could have a premises liability claim. Contact the Florida Ineffective Security and Premises Liability Lawyers at Whittel & Melton today online or call us at 813-221-3200 for a free consultation regarding your injury claim. We represent accident victims throughout Hillsborough County including Tampa, Plant City, South Tampa, Brandon, Lutz, Ruskin, Sun City and Temple Terrace.

In Florida, the owner, occupier or manager of a property could be held liable when inadequate security measures result in physical injuries or wrongful death. Most negligent security cases happen in areas that tend to attract criminal activity, such as hotels, college campuses, night clubs, parking lots, apartment buildings and offices. An insufficient security claim maintains that the owner of the establishment or property lacked proper security measures needed to prevent criminal activity, violence and other safety dangers. Negligent security claims against a property owner or business can include injuries which may have been prevented, but for:

Non-secure entrances and walkways

Inadequately trained security guards

Faulty locks on doors and gates

Failure to install proper security cameras and alarm systems

Negligent security claims are not limited to failed security safety measures. Rather, property and business owners alike could be held responsible for any injuries that occur due to improper staff training and reckless hiring of employees. In many cases, unqualified or careless security staff is just as good as having no personnel at all.

In general, a negligent security claim can be filed against a business or property owner when a victim is harmed by a third party in an episode that could have been averted through the use of common sense. While negligent security law is based on common sense, there are no lists of steps or procedures for property owners to follow and the risks are constantly changing leaving the responsibility in the hands of the owner to make sure security measures are up to code.

A plaintiff pursuing a negligent security claim in Florida must prove the following:

The victim was owed reasonable and foreseeable security measures provided by the owner of the property

The property owner breached that duty

The immediate cause of injury to the victim is the result of the property owner’s breach of duty

If a duty does in fact exist between a property owner and an injured victim, the property owner must provide reasonable security measures to combat foreseeable dangers to guests, visitors and tenants. Foreseeability is usually determined through:

Imminent Harm: The property or business owner had the knowledge that a crime could happen based on specific circumstances related to the case.

Totality of Circumstances: The act was foreseeable by the property or business owner due to the location and condition of the property in combination with the frequency of crime in the neighborhood as well as any prior criminal activity on the property.

Previous Comparable Events: The act was foreseeable by the property or business owner because of a history of previous similar instances on or near the property within a certain period of time.

A Florida Personal Injury Attorney can help victims of negligent security thoroughly investigate the causes and in filing a claim against those believed to be responsible. If you or someone you care for has been seriously injured or killed because of a breach in security measures in Hillsborough County, contact Whittel & Melton at 813-221-3200 for a completely confidential and complimentary consultation to discuss the legal options available to you and your family. We make house calls and hospital visits any time of day, so contact us today online or by phone statewide and toll-free at 1-866-608-5LAW (5529).

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